Other conditions Board decisions

The Board has determined that the submitted evidence is not new and material, thus denying the veteran's claim for service connection for residuals of a fracture of the right humerus.

The Board has remanded the case for further development, including scheduling a VA orthopedic examination and obtaining medical records. The veteran's claim will be readjudicated based on the new evidence.

The Board denied the appellant's claim for an apportionment of the veteran's VA compensation benefits on behalf of herself and her children due to a lack of legal basis. The marriage between the parties was deemed valid, but there is no evidence that they were living together as husband and wife after their separation in November 1994.,The Board also denied the appellant's claim for an earlier effective date for the apportionment award on behalf of her biological child J, finding that the veteran had left the household prior to the divorce.

The Board denied an increased rating for the service-connected bilateral trenchfoot, finding that a higher rating was not warranted under either the old or new criteria.

The Board has determined that the veteran's claim for service connection for residuals of a right hand injury is well-grounded. The appeal will be remanded to allow for additional development and consideration.

The Board found that the veteran's left hip and right great toe arthritis were not caused by his service-connected right knee disability, and thus denied the claim.

The Board denied the appellant's claim for retroactive DIC allowance, finding that she did not meet the requirements as her son was over 18 at the time of his father's death and no longer eligible for DIC benefits.

The Board denied the veteran's request for waiver of overpayment as it was not timely filed, more than 180 days after the notice of indebtedness.

The Board has determined that the veteran's service-connected left knee and elbow disabilities do not warrant a higher rating, with the exception of the left patella fracture which is currently rated at 10 percent. The veteran's left radial head fracture does not meet the criteria for a compensable evaluation.

The Board has dismissed the case as it lacks jurisdiction to review the April 1998 fee agreement providing for direct payment of a contingency fee by VA to the veteran's attorney.

The Board found that the veteran's current bilateral leg cramps are not related to service and denied his claim for service connection.

The veteran is seeking an increased disability rating for causalgia, post-herniorrhaphy pain syndrome, and post-operative resection of ilioinguinal nerve times two. The Board has ordered a remand to consider additional VA medical records and schedule the veteran for a VA examination.

The Board has granted a 70 percent evaluation for the veteran's organic brain syndrome, effective from August 4, 1998. This is based on the current severity of symptoms that produce severe impairment in social and industrial adaptability.

The veteran has withdrawn his appeal, and the case is dismissed without prejudice.

The Board finds that the veteran's right subcortical stroke and left hemiparesis are compensable under 38 U.S.C.A. § 1151 as a result of VA treatment, specifically Procainamide therapy administered at the Jackson, Mississippi VAMC.

The Board denied the appellant's request for waiver of overpayment of improved death pension benefits because she did not submit a timely request within 180 days after notification of the overpayment.

The veteran is seeking an earlier effective date for a total schedular evaluation due to chronic brain syndrome. The case has been remanded as the veteran requested a personal hearing before a Member of the Board.

The Board has determined that the veteran's claim for service connection for chest pain due to shrapnel wounds is well grounded. The RO must obtain additional medical evidence and conduct a VA examination to determine if there are any retained metallic fragments in the thorax, as well as whether the veteran has a diagnosable disorder producing chest pain, likely related to his shell fragment wounds or shockwave exposure.

The Board has granted service connection for residuals of a fracture of the right 5th metacarpal and assigned an initial zero percent rating, effective March 9, 1998. However, the veteran's claim is not well-grounded as he did not request an increased rating but rather sought to establish service connection.

The Board denied the veteran's claim for an increased rating for his service-connected postoperative residuals of a partial meniscectomy, left knee, currently evaluated as 10 percent disabling.